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of <h1>Writ petition dismissed for failure to exhaust appeal remedy. Appellant advised to approach Tribunal.</h1> <h3>L.G ELECTRONICS INDIA PVT. LTD. Versus COMMISSIONER VALUE ADDED TAX</h3> The Delhi HC dismissed the writ petition for not exhausting the remedy of appeal under Section 177 of the Delhi Value Added Tax and not approaching the ... Exhaustion of remedy of appeal - Section 177 of the Delhi Value Added Tax - Held that:- where a determination has been made by the Appellate Commissioner, classifying the goods in question under a particular head, appeals would not be maintainable. Specific reference is made by the writ petitioner to the observations of Commissioner, VAT that in NEC India Pvt. Ltd., New Delhi, the item under consideration has already been determined. Here also the Commissioner appears to have followed the said order. Concededly the appellant has not exhausted its appeal remedy. In such circumstances the Court does not deem it fit that the writ petitioner should invoke the jurisdiction under Article 226 of the Constitution of India. - Decided against the petitioner The Delhi High Court dismissed the writ petition as the appellant had not exhausted its remedy of appeal under Section 177 of the Delhi Value Added Tax and had not approached the Tribunal. The Court suggested that the appellant should approach the Tribunal to consider the contentions made before it on merits in accordance with the law. The writ petition was dismissed with no order as to costs.
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